Matter at appeal stage.
a
(Querist) 19 March 2013
This query is : Resolved
Ma’am/Sir
I've few questions pertaining to my appeal in the session’s courts, following an order favouring my estranged wife and my 9 year old child. The order passed by MM's court (in 125 CrPC) asking me to pay a hefty sum equivalent to my 2/3 salary to them, against that I’ve filed an appeal and the outcome is expected in the sessions court.
1. At the time of replying and at argument stage (in 125) I was not aware of her working status and did not have access to her income tax returns and bank statements; these documents were submitted by me post the MM's orders. How can I take advantage now of information I’ve now in 125 and my appeal, to fight the matter, and what reprieve I can expect?
2. Since she is working and earning approx. 35 thousand a month in a semi government job, what options do I have? Will this stop them from pushing for Execution? Thus far I’ve not paid her.
3. What options I have if the session’s court rejects my application of appeal? Also advice since she was and is concealing these facts; does this concealment of hers leads to any kind of reprieve for me and a penalty for her.
4. Is this an appropriate time to file for Divorce (as i know she is working and earning, concealing facts etc.) and what options do I have to ask for my Childs custody but initially visiting rights?
Best regards
Devajyoti Barman
(Expert) 19 March 2013
1.The sessions can consider these documents in Revision.
2. Not exactly till the original order is set aside. Try to get your Revision hears asap.
3. If you get defeated then go to high court.
4. There is no time for divorce, you can file it anyway and also for custody or visitation the same divorce suit.
Raj Kumar Makkad
(Expert) 19 March 2013
1. Make a supplementary appeal/application before the appellate court about the conduct of the respondent your wife in suppressing the material fact of her earning sufficient income and if she has filed the reply of your appeal then also file an application under section 340 Criminal procedure code against her.
2. Bring this fact before both the courts. Even file an application before the trial judge to amend your reply to the application and initiate 340 proceeding which may lead your wife not insisting over execution of the earlier order.
3. The go to high court and reply to rest of your query has already been given.
4. Such litigation ipso facto do not provide such opportunity to go for divorce rather go through entire story of married life and then decide.
